Atlanta Medical Malpractice Lawyer

Medical malpractice refers to the negligent or careless practice of medicine. This can be by a medical doctor, a dentist or some other licensed medical person. The key words here are “negligent” or “careless.” Medicine is not an exact science, and diagnosis can involve a variety of different factors. While most medical diagnoses are routine, complications or past medical history or any number of other elements can cause a misdiagnosis. In order for it to be malpractice, the diagnosis must be shown to be outside standard practice. Because this can be a complex and sometimes delicate procedure, your medical malpractice lawyer has received extensive training, both in the classroom and in practice.

Medical malpractice actions are extremely complicated and expensive to pursue. The insurance companies that handle claims on behalf of the physicians and other medical professionals are very aggressive in defending claims against medical malpractice victims, the physicians and hospitals they insure. In addition, the physician generally must consent to any settlement. This results in many serious malpractice cases never being litigated. In the State of Georgia, a medical malpractice lawsuit cannot even be commenced unless the affidavit of a physician setting forth the negligence of the Defendant is attached to the complaint. Since many physicians will not give an affidavit against a fellow physician in the same city, a nationwide search for an expert to testify for the injured person may be required.

The process of showing that a diagnosis or treatment was malpractice or that patient treatment was in some way out of the normal way, can be extremely complex. It will usually involve the testimony of a doctor not involved with the original diagnosis. This can be difficult to obtain since doctors might feel obligated to protect members of their own profession or local organizations. Sometimes proof can require a consultation with an out-of-state doctor to obtain the necessary second diagnosis. Your lawyer can help you with contacting the right people and gaining medical opinions that will have weight in your case.

Not every medical error can be considered a case of medical malpractice however. There are two key elements in determining if a medical situation falls into the malpractice category.

First, it is necessary to determine the normal standard of medical care for your condition in the location where it occurred. Second, your legal team must show how the doctor or other medical practitioner fell short of that standard.

This is why medical experts are so vital to a medical malpractice lawsuit. An added question that must be answered is how the error has affected you. Medical mistakes can range from misplaced decimals (which can be scary with certain types of medicines) to surgery gone wrong. Once the malpractice has been established, the next step is to place a dollar value on the resultant difficulty. Malpractice can even include inappropriate disclosure of personal information – something that can have far-reaching results.